Below are sample federal declaratory judgment complaints related to patent infringement cases. The complaints are divided by issue. The complaint examples are publicly filed in the respective lawsuits. The complaints were all filed in 2010 or later. This post says nothing of the merits, truthfulness or falsity of the alleged …
Iron Oak Techs. v. Microsoft is a nonprecedential case decided on June 8, 2020, on appeal from the Northern District of Texas. In 2016 and 2017, Iron Oak sued various electronics manufacturers. Because those lawsuits implicated Microsoft’s products, Declaratory Plaintiff Microsoft sued Iron Oak “seeking a declaratory judgment action that …
Myco v. BlephEx was decided on April 3, 2020 on appeal from the Eastern District of Michigan. Declaratory plaintiff Myco filed an action against declaratory defendant BlephEx, seeking a declaration of no infringement and that the claims of BlephEx’s patent are invalid, and for injunctive and monetary relief. The district …
Section 286 of the Patent Act “sets forth a limitation on damages.” Adams & Associates v. Dell. Under 35 U.S.C. § 286, “[e]xcept as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for …
UCP v. Balsam is a nonprecedential case decided on September 19, 2019 and unsealed on October 7, 2019 on appeal from the Northern District of California. Balsam sued Frontgate (a third party) alleging infringement of certain patents. After the claim construction order, the parties settled, whereby Frontgate agreed to stop purchasing the relevant product …
AIDS Healthcare v. Gilead was decided on May 11, 2018 on appeal from the Northern District of California. Declaratory defendant Gilead has patents or is a licensee of patents on a particular antiviral agent used to treat AIDS. Declaratory plaintiff Healthcare provides medical care to persons afflicted with AIDS. Healthcare filed a declaratory judgment …
When there has been a failure to mark a patented product, 35 U.S.C. § 287(a) forecloses damages for infringement “except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice. Filing …
AbbVie v. MedImmune was decided on February 5, 2018 on appeal from the Eastern District of Virginia. A 1995 agreement between the parties licensed AbbVie to practice the ‘516 patent, among others. AbbVie did not practice the patent at the time. Under the agreement, AbbVie was to pay royalties on the sales …
Industrial Models v. SNF is a nonprecedential case decided on November 7, 2017 on appeal from the Northern District of Texas. This suit relates to Industrial Models’ decision to enter the market for fiberglass utility bodies for use in trucks. In February 2013, plaintiff SNF sent defendant Industrial Models a cease-and-desist letter indicating that …
First Data v. Inselberg was decided on September 15, 2017 on appeal from the District of New Jersey. Inselberg is the inventor of various relevant patents formerly held by Inselberg Interactive. In 2011, Inselberg Interactive transferred “all right, title, and interest” in the patent portfolio to Bisignano, who eventually became CEO …